Discussion Document
October 2014
Table of Contents
- Information for Submitters
- Publication of Submissions
- Background
- Part 1 - Proposed Amendments to the Trade-marks Regulations- Examination and General Provisions
- Part 2 - Implementation of the Madrid Protocol
- Part 3 - Proposed Amendments to Opposition and Section 45 Summary Cancellation Proceedings
- General Opposition and Section 45
- Correspondence – Opposition and Summary Cancellation Proceedings
- Service – Opposition and Summary Cancellation Proceedings
- Case Management – Opposition and Summary Cancellation Proceedings
- Opposition Proceedings
- Leave Provisions
- Cross-Examination
- Written Representations
- Oral Hearings
- Geographical Indications
- Section 45 Summary Cancellation Proceedings
- Part 4 - Coming Into Force
Information for Submitters
Thank you for your participation and interest in the consultation entitled Proposed Amendments to the Trade-marks Regulations 2014. Your feedback is important as your comments and suggestions will help guide the new regulations. Should you have questions or wish to provide comments, please submit them by November 30, 2014 to the attention of:
Darlene Carreau
Chair, Trade-marks Opposition Board
Canadian Intellectual Property Office (CIPO)
50 Victoria Street, Room C232-35B
Gatineau, Québec K1A 0C9
darlene.carreau@ic.gc.ca
Télécopieur | Facsimile (819) 953-2476
It would be appreciated if submissions sent in hard copy or faxed were also provided in electronic format (PDF, MS Word, or compatible format). Please note that all comments received will be posted on the CIPO website following the consultation process.
This discussion document is being put forward to consult on how best to improve the Trade-marks Regulations in view of recent amendments to the Trade-marks Act (the Act) contained in Division 25 of Bill C-31.
Thank you again for your participation and interest in this matter. We look forward to receiving your views, comments, and suggestions in that regard.
Yours very truly,
Darlene Carreau
Chair, Trade-marks Opposition Board
Canadian Intellectual Property Office (CIPO)
Publication of Submissions
Please note that all comments will be posted on CIPO's website following the consultation period.
Background
This update of the Trade-marks Regulations, SOR/96-195 (the Regulations) follows the recent amendments to the Trade-marks Act (the Act) contained in Division 25 of the Budget Implementation Act (Bill C-31), which received Royal Assent on June 19, 2014. This document provides information regarding proposed changes to the Regulations.
The recent amendments to the Act well as the proposed amendments to the Regulations are required to enable Canada to accede to the Singapore Treaty on the Law of Trademarks, the Protocol relating to the Madrid Agreement concerning the International Registration of Marks, and the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks. The Government of Canada confirmed its intention to have Canada join these international trademark agreements in its 2014 Economic Action Plan.
Canada's accession to these treaties will modernize the trademark regime and enable Canada to keep pace with leading international standards and benchmarks. In turn, a modernized trademark regime will help Canadian businesses stay competitive in international markets by giving them an efficient means of protecting their intellectual property in various jurisdictions around the world. A regime that is aligned with other jurisdictions will also lower the cost of doing business to the benefit of both Canadian businesses and those looking to invest in Canadian markets.
While the bulk of the proposed amendments are dictated by the requirements of the treaties, CIPO is also proposing changes that, consistent with the spirit of the treaties, will further modernize Canada's trademark regime and facilitate the implementation of the treaties. These include updates to the regulations governing trademark opposition and creating new regulations for summary cancellation proceedings.
Overall, these amendments will increase legal certainty, streamline and clarify CIPO's procedures, and align Canada's trademark protection regime with international norms.
As part of CIPO's core vision to enhance innovation and contribute to economic success in Canada, we are committed to improving the quality of our products and services. In order to ensure that these proposed amendments to the Regulations address our clients' needs, CIPO is currently undertaking this pre-consultation process. Your feedback, comments and suggestions on the impact of these proposed changes will help guide the amendments to the Regulations.
Given the scope of the amendments to the Act and to the Regulations, there may be changes to the fee structure. However, decisions regarding the nature and timing of these fee changes, if any, will be made at a later date and would be the subject of a separate consultation exercise.